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New Jersey Section 2C:17-6 – Motor vehicles; removal or alteration of identification number or mark; possession; penalty

 

New Jersey Law on Altering Vehicle Identification Numbers

New Jersey has a law that makes it illegal to alter, remove, or obliterate vehicle identification numbers (VINs). This law, known as Section 2C:17-6 of the New Jersey Code of Criminal Justice, is an important one for New Jersey drivers to be aware of. In this article, we’ll break down what the law says, penalties for violating it, and things to keep in mind.

Overview of the Law

Section 2C:17-6 states that it is illegal for any person to remove, deface, alter, change, destroy, cover up, or obliterate any VIN on a motor vehicle. This applies to the VIN on the vehicle itself, as well as any VIN on the engine, transmission, or other essential part.

The law prohibits this behavior regardless of whether the person owns the vehicle. So even if it’s your own car, you can’t legally tamper with or obscure the VIN without facing charges.

There are a few exceptions written into the law:

  • If the vehicle is dismantled and sold as scrap metal, it’s permissible to remove or alter the VIN.
  • Alterations made by manufacturers for legitimate reasons are allowed.
  • Certain repairs that require removing the VIN are permitted, as long as the VIN is immediately reattached.

Outside of those exceptions, though, any intentional removal, alteration, destruction, etc. of a VIN constitutes a criminal offense under this statute.

Penalties for Altering a VIN

Violating Section 2C:17-6 is categorized as a crime in New Jersey, with penalties scaling up depending on circumstances:

  • 3rd degree offense: If the damage to the VIN is less than $500, it’s a 3rd degree crime. This can result in 3-5 years in prison and fines up to $15,000.
  • 2nd degree offense: If the damage is $500 or greater, it becomes a 2nd degree crime. This can mean 5-10 years in prison and fines up to $150,000.
  • 1st degree offense: If the damage is done to facilitate an insurance fraud scheme, it’s a 1st degree crime. This can lead to 10-20 years in prison and fines up to $200,000.

In addition to fines and imprisonment, anyone convicted under this statute will have their driver’s license revoked for a time period determined by the court.

Why Altering VINs is Illegal

There are a few key reasons why New Jersey cracks down on VIN tampering:

  • Obscures identity/origin of vehicle: VINs allow authorities to identify and track vehicles. Altering or removing them obscures the identity and history of a car.
  • Makes stolen vehicles harder to recover: Thieves often alter VINs on stolen cars to disguise them. This makes recovering stolen vehicles much more difficult.
  • Facilitates insurance/title fraud: With the VIN changed, a car can be re-titled and re-registered under fraudulent pretenses. This is a common form of auto insurance fraud.
  • Indicates larger criminal operation: In some cases, people who alter VINs do so to facilitate crimes like trafficking stolen/chopped cars, insurance fraud rings, odometer rollback schemes, etc.

Defenses and Things to Consider

If you’ve been accused of violating 2C:17-6, here are some key things to keep in mind:

  • Mens rea matters – To be found guilty, prosecutors must prove you “knowingly” tampered with the VIN. If damage occurred accidentally/unknowingly, it may not constitute a crime.
  • Consult an attorney – These cases often come down to arguing intent and technicalities. An experienced criminal defense lawyer can be invaluable.
  • Don’t flee the scene – If caught in the act, fleeing will almost certainly escalate charges. It’s best to cooperate and let your attorney handle defense.
  • Check VIN rules – Some repairs do require temporary VIN removal, but rules must be strictly followed. Consult mechanics before any work.
  • Review the exceptions – The exceptions in 2C:17-6 may apply. For example, if you legitimately scrapped a car for parts, altering the VIN may be permissible.
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